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§ 157.05 ENFORCEMENT.
   (A)   Civil Offense. If, at any time development occurs which is not in accordance with the provisions of this chapter including obtaining or complying with the terms of a floodplain permit or a local regulatory conveyance zone permit and conditions and any approved modifications thereof, such violation of this chapter is a civil offense.
   (B)   Notice of Violation. If, at any time, a duly authorized employee or agent of the administering agency has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this chapter including obtaining or complying with the terms of a floodplain permit and the conditions and any approved modifications thereof, a duly authorized employee or agent of the administering agency shall issue a notice to the person responsible for the violation and/or the owner of the property, stating the facts of the offense or violation, the section of this chapter and/or the permit violated, when it occurred, how the violation is to be remedied to bring the development into conformity with this chapter or with the approved permit, and within what period of time the remedy is to occur, which period of time shall be reasonable and shall be determined by the nature of the violation and whether or not it creates a nuisance or hazard. The remedy may include an order to stop work on the development. The notice shall also state that a citation may be forthcoming in the event that the requested remedies and corrective actions are not taken which citation will request a civil monetary fine and shall state the maximum fine which could be imposed.
   (C)   Notice of citation. If, at any time, a duly authorized employee or agent of the administering agency has reasonable cause to believe that a person has caused development to occur which is not in accordance with the provisions of this chapter including obtaining or complying with the terms of a floodplain permit or a local regulatory conveyance zone permit and the conditions and any approved modifications thereof, a duly authorized employee or agent of the administering agency may issue a citation to the offender stating the violation, prior notices of violation issued, how the violation is to be remedied to bring the development into conformity with this chapter or with the approved permit and within what period of time the remedy is to occur and what penalty or penalties are recommended. When a citation is issued, the person to whom the citation is issued shall respond to the citation within seven days of the date the citation is issued by either carrying out the remedies and corrections set forth in the citation, paying the civil fine set forth in the citation or requesting a hearing before the Floodplain Board. If the person to whom the citation is issued does not respond to the citation within seven days, that person shall be deemed to have waived the right to a hearing and the determination that a violation occurred shall be considered final. In that event, the citation shall be presented to the Floodplain Board and it shall enter its decision without a hearing.
   (D)   Floodplain Board proceedings.
      (1)   If the person to whom the citation is issued requests a hearing before the Floodplain Board, the Floodplain Board shall schedule the hearing within 14 days unless all parties mutually agree to a continuance.
      (2)   Evidence against the person charged with the violation shall be presented by an attorney at law and the proceedings shall be recorded; the person cited may be represented by counsel. The Floodplain Board shall take all testimony under oath and may subpoena alleged violators, witnesses and evidence to its hearing.
      (3)   Any person not appearing at a duly scheduled hearing shall be deemed to have waived the right to a hearing and the Floodplain Board may enter its final decision.
      (4)   The Floodplain Board shall hear the evidence presented and based thereon shall render its decision and final order, which may uphold the citation, dismiss it, order remedies and corrective action or a penalty or some combination thereof. Its final order shall be rendered in writing.
      (5)   The final order of the Floodplain Board may be appealed to the Circuit Court of Jefferson County within 30 days of the date that it is issued. It shall be initiated by the filing of a complaint by the aggrieved party and the action shall be tried de novo. If the final order is not appealed within 30 days of its issuance, it shall be deemed final and unappealable.
   (E)   Remedies. At the conclusion of the hearing and after due deliberation of the evidence presented, the Floodplain Board may:
      (1)   Revoke or suspend a floodplain permit or a permit issued to perform work in a local regulatory conveyance zone if:
         (a)   A violation of any condition of the permit occurs; or
         (b)   A violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation pertaining to the permit occurs; or
         (c)   Any condition exists or any act is done constituting fraud or creating a nuisance or hazard or endangering human life or the property of others.
      (2)   Issue a stop work order on all construction activity on the subject property which may be directly or indirectly related to site drainage and which is being performed pursuant to any permits, licenses, franchises or contracts issued or approved by the administering agency, the Louisville/Jefferson County Metro Government or other municipality.
      (3)   Order the owner of the property and/or the holder of the permit issued under this chapter to take such steps as are necessary to protect the public health and safety through an order to stop work or to take corrective or remedial action on the property where work constituting a violation of this chapter has occurred or is in progress. If the action ordered by the Floodplain Board is not taken within the period of time set by the Floodplain Board, the Floodplain Board may authorize the administering agency or its designee to cause the action to be taken, charging the violator all costs of such remedial mitigating or corrective action plus legal costs which costs shall become a lien against the property of the person cited, shall be recorded in the office of the County Clerk, and shall bear interest until paid in full and may be enforced by legal action.
      (4)   Assess a civil monetary penalty in accordance with subsection (F), below.
   (F)   Penalties.
      (1)   Any person who violates this chapter or fails to comply with any of its requirements shall be guilty of a civil offense and upon a finding of the Floodplain Board that such violation has occurred may be fined by the Floodplain Board a civil monetary penalty of not more than $500 for each day the violation has occurred with a maximum not to exceed $50,000 for each violation if the person who committed the offense contests the citation or a civil monetary fine of not more than $300 for each day the violation has occurred with a maximum not to exceed $30,000 for each violation if the person who committed the violation does not contest the citation.
      (2)   No penalty authorized in this chapter may be imposed after the expiration of five years beginning on the date of the issuance of the citation by the administering agency.
   (G)   Notice to parties of record and insurers. When a violation of any provision of this chapter has occurred and a nonappealable order of the Floodplain Board or a court of law has been entered, the administering agency shall notify any party having a legal interest in the property which is filed of record in the Office of the Clerk of Jefferson County or any party which has insured or could insure against flood damage to the property of the existence of the violation.
   (H)   Public nuisance. Every development placed or maintained in the local regulatory conveyance zone or in the local regulatory floodplain in violation of this chapter and which is further found to be a public nuisance may be enjoined and maintenance thereof may be abated by legal or equitable action of the administering agency or the Louisville/Jefferson County Metro Government or the municipality in which it is located. Nothing contained herein shall prevent the administering agency, any municipality or Louisville/Jefferson County Metro Government from taking such other immediate lawful actions as are necessary to prevent, correct, or remedy any such violation when there is reason to believe that the existence of the violation presents a serious threat to the public health, safety, welfare, or in the absence of immediate action, the effects of the violation may be irreparable or irreversible. Any such matters assessed or actions taken shall be in addition to, not instead of, the remedies and penalties provided herein.
   (I)   When the Floodplain Board, the Commonwealth of Kentucky, and/or the administering agency ascertains the property owner to be in persistent violation of Kentucky statutes and/or this chapter, then the administering agency shall submit a Section 1316 request to FEMA.
(1994 Jeff. Code, § 157.05) (Jeff. Ord. 30-1997, adopted and effective 11-11-1997; Jeff. Am. Ord. 15-2000, adopted and effective 5-23-2000; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005)
§ 157.06 CONCURRENT ACTION BY PLANNING COMMISSION.
   This chapter does not preclude the Louisville Metro Planning Commission from including land proposed for development as well as land designated as being within the local regulatory floodplain in its calculation of gross density. Wherever feasible, practicable and appropriate, the Louisville Metro Planning Commission may allow the same gross density on the land to be developed as would have been allowed on the total parcel were the local regulatory floodplain not present.
(1994 Jeff. Code, § 157.06) (Jeff. Ord. 30-1997, adopted and effective 11-11-1997; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005)
§ 157.07 DISCLAIMER OF LIABILITY.
   The Louisville/Jefferson County Metro Government recognizes that although the degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations, on rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. These provisions do not imply that land outside the flood plain areas or that uses permitted within such areas will be free issue from flooding or flood damages. These provisions shall not create liability on the part of the Louisville/Jefferson County Metro Government or the administering agency or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.
(1994 Jeff. Code, § 157.07) (Jeff. Ord. 30-1997, adopted and effective 11-11-1997; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005)
FLOOD PROTECTION
§ 157.20 FLOOD PROTECTION SYSTEM.
   The operation and maintenance of any flood protection system, or any additions thereto, over which the authority of the Metro Council now extends or may extend by virtue of any additions thereto, shall be under the supervision and control of the Metropolitan Sewer District (MSD), pursuant to an agreement between the City, Fiscal Court of Jefferson County, and MSD, which is recorded at Deed Book 5643, Page 766 et seq., in the office of the County Clerk, and a Lease and Maintenance Agreement between the former City of Louisville and MSD that is recorded at Deed Book 5643, Page 823 et seq., in the office of the County Clerk.
(1999 Lou. Code, § 152.01) (Lou. Ord. No. 0039-2002, § 1, approved 3-15-2002; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005)
§ 157.21 UNLAWFUL TRESPASS; EXCEPTIONS.
   (A)   It shall be unlawful for any person to trespass over, along, on, or through any real estate which the Louisville/Jefferson County Metro Government has acquired or may hereafter acquire as a right-of-way and easement for flood protection purposes and on which there has been constructed or may hereafter be constructed a floodwall or levee, or appurtenance thereto, except for where a path has been constructed for a Greenway Trail. Under no circumstances are there to be any unauthorized motor vehicles on any portion of the real estate regardless of whether a path has been constructed. The right of ingress and egress over, on, and through any such easement is confined to the privilege of using any established gate or opening in the floodwall or levee and other crossing officially provided for crossing, for the sole purpose of access to and from the outside of or riverward side thereof.
   (B)   The privilege herein given may be had and enjoyed subject to the following express reservations and restrictions:
      (1)   The Louisville/Jefferson County Metro Government reserves the right, without notice, to cancel and annul or to suspend such privilege whenever in its discretion the public interest may so require.
      (2)   The privilege shall always be subject and subservient to the public use and enjoyment of the flood protection system and of all the parts hereof and subject and subservient to maintenance, operation, control, and use of the rights- of-way, easements, floodwall, levee, gates, and openings, in the public interest, and for the uses and purposes for which these are intended.
      (3)   The privilege shall be limited to the use thereof for access to and from property lying outside of and riverward from the floodwall or levee, and shall not be used as a means of trespass on the rights-of-way, easements, floodwall, levee, gates, or openings or on the lands or property of others.
(1999 Lou. Code, § 152.02) (Lou. Ord. No. 0039-2002, § 1, approved 3-15-2002; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005; Lou. Metro Am. Ord. No. 81-2024, approved 6-11-2024) Penalty, see § 157.99
§ 157.22 PROHIBITIONS ON LAND USED FOR FLOODWALL PURPOSES.
   (A)   Buildings prohibited. It shall be unlawful for any person to place or construct any building, house, shed, pen, or other structure, paving, or construction of any kind or character, whether it is of combustible or noncombustible material, on the land or rights-of-way or easements acquired by the Louisville/Jefferson County Metro Government for floodwall purposes, or at any place on the floodwall, levees, gates, or openings, unless this right was specifically reserved by the grantor in the document transferring the land by deed or easement to the Louisville/Jefferson County Metro Government.
   (B)   Fences and obstructions. It shall be unlawful for any person to place or construct any fences, enclosures, walkways, or other obstructions, or to place or dump rubbish, waste material, or other matter on the land or rights-of-way acquired by deed or easement by the Louisville/Jefferson County Metro Government for floodwalls, or on, over, or against the floodwalls or levees or appurtenant works.
   (C)   Burning of trash. It shall be unlawful for any person to burn rubbish, trash, or any other material or to kindle any fires of any kind on the land or rights-of-way acquired by the Louisville/Jefferson County Metro Government for floodwall purposes, or to burn or cause to burn any grass or other growth thereon.
   (D)   Stock and other animals. It shall be unlawful for any person to tether, hitch, lead on or over, or permit to run at large any horses, mules, goats, sheep, chickens, ducks, geese, or other animals or fowl on the lands or rights-of-way acquired by the Louisville/Jefferson County Metro Government floodwall purposes, or at any place on the floodwall, levees, gates, or openings.
(1999 Lou. Code, § 152.03) (Lou. Ord. No. 0039-2002, § 1, approved 3-15-2002; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005) Penalty, see § 157.99
§ 157.23 PERMIT FOR SPECIFICALLY PERMITTED USE.
   On written application to MSD, any person may request permission to place or construct structures or to perform other activities on the lands or rights-of-way acquired by the Louisville/Jefferson County Metro Government for flood protection. MSD shall thereupon determine whether the proposed structures or performances of other activities will endanger the safety or efficiency of the flood protection works or will impede or obstruct the inspection or maintenance of them. In the event MSD approves the application it shall then submit the approved application to the District Engineer of the United States Corps of Engineers in charge of the locality for approval. On receipt of written approval by the District Engineer, MSD may issue written permission to the applicant to place or construct the structures or perform other activities, subject to the condition, in the manner, and at the locations therein stated. These terms and conditions shall provide among other things that permission may be withdrawn at any time subsequent to the granting thereto either with or without cause and shall further provide that the applicant will, on being notified to do so, remove such structures or cease to perform such activities, forthwith, and on the further condition that the person so authorized shall be responsible for and will promptly pay to the Louisville/Jefferson County Metro Government all damages which may have been occasioned to the lands, rights-of-way, floodwalls, levees, gates, or any parts thereof by virtue of the exercise of the permission.
(1999 Lou. Code, § 152.04) (Lou. Ord. No. 0039-2002, § 1, approved 3-15-2002; Lou. Metro Am. Ord. No. 125-2005, approved 8-29-2005; Lou. Metro Am. Ord. No. 157-2017, approved 8-25-2017)
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